| 1. |
- Hettne, Jörgen, et al.
(författare)
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Administrative Law as a Key to Market Integration?
- 2012
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Ingår i: Constitutionalising the EU Judicial system – Essays in Honor of Pernilla Lindh. - 9781849463362 ; , s. 153-165
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 2. |
- Lidgard, Hans Henrik, et al.
(författare)
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Due process in European competition procedure: a fundamental concept or a mere formality?
- 2011
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Ingår i: Constitutionalising the EU judicial system : essays in honour of Pernilla Lindh. - 9781849463362 ; , s. 403-421
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- Europeans have long taken a relaxed approach to due process requirements. Mere formalities should not prevent an efficient implementation of competition law, but rather be practical and foreseeable. With the Lisbon Treaty things are changing. A fair process and equality of arms based on fundamental human rights stipulations require that procedural safeguards are ensured. Recent case law development confirms that these matters are given higher priority. Changes in the institutional organization are also called for.
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| 3. |
- Simonsson, Ingeborg, 1969-
(författare)
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Legitimacy in EC Cartel Control
- 2009
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis explores the role of legitimacy in EC competition law, as regards the enforcement policy related to cartel control. Legitimacy can be understood to presuppose two things; that the law rests on rational foundations, and that average compliance can be ensured. Legitimacy must be distinguished from legality. By and large there is seldom any reason to question that the law has been adopted in accordance with applicable constitutional principles. Legitimacy on the other hand is a more profound question; whether the law corresponds to deeper notions in society.The research has demonstrated that a prohibition against cartels is legitimate and that it is justified to spend scarce public resources combating cartels. On substantive law, procedure and evidentiary standards, the indication is that EC law is legitimate. When it comes to cartel fines however, the findings indicate shortcomings in the European Commission’s historic and present policies. On average compliance finally, the system with decentralised enforcement in the EU cannot be expected to be efficient, as a result of the fragmented enforcement structure with 28 competition authorities (one in each Member State plus the Commission). The thesis demonstrates the great complexity of the law, questioning whether it is likely that 28 efficient enforcers can be built up and maintained in a sustainable way in the EU. The Community Courts are addressing the legitimacy concern in their judgments, although the efforts could be more systematic and elaborate. A general conclusion is how references to economics and to US antitrust law could be used more actively by the Community Courts to provide legitimacy, in combination with an open dialogue on the theories underpinning cartel control.
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| 4. |
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| 5. |
- Lidgard, Hans Henrik, et al.
(författare)
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Sven Norberg's contribution to legal education in Sweden
- 2006
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Ingår i: Liber amicorum in honour of Sven Norberg: a European for all seasons. - 2802722247
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- Sven Norberg has had a successful career in European development, which has been multi-faceted, active and very productive. This contribution, however, focuses on the equally impressive and parallel career, which Sven Norberg has pursued: his contributions to academic life and his activities in reforming Swedish legal education. These side activities could easily be regarded as merely incidental, the philanthropic side-activities of a diligent civil servant. However, when added up, they constitute in themselves an active and productive academic life.
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| 6. |
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| 7. |
- Reichel, Jane, 1971-
(författare)
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God förvaltning i EU och i Sverige
- 2006
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The topic of this thesis is the general principle of good administration in Community law, its content and effect in its application in the sphere of Community law, both at the Community and national levels. The main purpose is to examine whether the principle should upheld in the same manner on both levels of Community law, in other words, whether national public authorities and courts are obliged to uphold the principle in the same way as at the Community level. Three aspects of the principle are studied more closely here: the principle of due diligence, the right to be heard and the duty to give reasoned decisions. The study includes a general analysis of the effect of Community law in Member States, with a special focus on two questions: the division between substantive and procedural law, and the effects of general principles of Community law in Member States. The study further includes a specific analysis of the content and effect of the principle of good administration in Community law. Particularly, whether the Community principle can be seen as an individual procedural right Community law grants persons claiming Community rights is examined. Though Community law to a growing extent does affect the application of national administrative procedural law, the conclusion here is that the European Court of Justice has not interpreted the principle of good administration in such a way that national public authorities and courts must apply the principle uniformly. Community law instead gives the national authorities and courts certain leeway to interpret the Community principle of good administration in the context of the national administrative law. As the Community recently has adopted several legislative acts including administrative procedural rules, the Europeanisation of national administrative law can be foreseen to continue in the future.
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